IN THE COURT OF SH.XXXXXXXXXX CIVIL JUDGE (WEST), TIS HAZARI COURT, DELHI

SUIT NO. XX  OF XXXX

                                      IN THE MATTER OF:-

                                     XXXXXXXXXX                                              .……PLAINTIFF

VERSUS

                                     XXXXXXXXXX                                              ..….. DEFENDANT

APPLICATION ON BEHALF OF DEFENDANT BEFORE THE HON’BLE COURT U/s 151 CPC TO GRANT THE REQUEST FOR THE INSTALLATION OF CCTV CAMERA IN THE HOUSE PREMISES

MOST RESPECTFULLY SHOWETH:-

1.  That the present case is pending before this Hon’ble Court for the purpose of adjudication and the same is listed on XX/XX/XXXX for further hearing.

2.  That the plaintiff has filed the suit before this hon’ble Court on false and frivolous grounds and the applicant is the defendant in the case.

3.  That plaintiff is habitual in calling police on false and frivolous grounds and harassing the defendant by one way or the other and the only aim of plaintiff to throw out the defendant from the suit property.

4.  That it is important to mention here that defendant, aged XX years approx, living along with her son in her own house i.e. property no. XXX,XXXXXXXX,XXXXXX. The property belongs to the defendant but the plaintiff has been of evil motive to throw out the defendant from her own house and could take the illegal possession of the said property of the defendant.

5.  That the defendant has been living under the constant fear of being thrown out of her own house by the plaintiff on false and frivolous complaints to police as the plaintiff has already instituted a false and frivolous suit against her and claiming the wrongful ownership of said property. Since the institution of the false suit the plaintiff has started making false allegation on the defendant even on the small issues.

6.  That the plaintiff openly threatening the defendant that she would send defendant & her son to jail of false and frivolous allegations and that is why she is creating lot of problem to the peaceful possession and life of the defendant and defendant fears, the plaintiff is doing all such things because of taking advantage of her age as she is around 75 years of age. The plaintiff doesn’t leave a single chance of making false allegation and fight over a trivial-issues so that the plaintiff could take advantage of it in the case.

7.  That the defendant has several times requested for the installation of CCTV Camera in the entire house/floor/common premises of the building and tried to install it in the common premises so that the real cause of trivial allegation and fight could be recorded and the same could be shown/presented before the Hon’ble Court but the plaintiff is making hindrances in the installation of CCTV Camera.

8.  That it is also important to mention here both plaintiff and defendant are living on the same floor and sharing kitchen, drawing room, open balcony outside the floor and the plaintiff creating so much of problems in the common/sharing area between the parties and making allegations upon the defendant and the plaintiff knows fully that if the CCTV will be installed then she would not be able to make false and frivolous allegations against the defendant and her son.

9.  That the defendant has also approached to the police station for seeking help in the installation of the camera but the plaintiff being the influencing person stopped the police intervention and thus the defendant is still helpless and couldn’t install the camera.

10. That on xx.xx.xxxx, the defendant was beaten by the plaintiff and the incident happened by xx near the kitchen area and the plaintiff pulled the hair from back and started beating her, hearing the voice, her son came from the room to help her but the plaintiff slapped him on his face and it is also important to mention here that plaintiff is sister in law (Nanad) of defendant and the plaintiff being old aged lady taking the advantage of her age and all the family members know the fact that the plaintiff is quarrelsome lady and known for her irritable behavior. It is also important to mention here that the defendant approached to police and made a complaint on xx.xx.xxxx and the same complaint was registered by DD No.-xx, dated-xx.xx.xxxx at xxxxxxxx, xxxxxx. and the same complaint annexed herewith as Annexuure-A.

11. That on xx.xx.xxxx, near the kitchen, the plaintiff attacked on defendant, while defendant’s son was away from home, and the plaintiff pulled the hair of defendant and beaten her badly and there were so many scratches on the eyes, forehead, hands and other parts of the body on the defendant and she called police, who came to house of the defendant and her statement was recorded by police officials and she was taken to Sanjay Gandhi hospital for medical and the same statement and medical record annexed herewith Annexure-B (Colly). 

12. That defendant having left with no option except to approach to this Hon’ble Court with the present application for seeking direction for the installation of CCTV Camera in the building’s common/sharing and the defendant will bear the cost of entire camera installation in the common and the defendant already purchased the entire items for installations and tried to install the same but plaintiff always created hurdles in the same and the bills are attached herewith as Annexure-C (Colly).

13. That the present application is presented in good faith in the interest of justice and not to the prejudice to any party of the case. If the present application is not granted there would be irreparable loss on the part of the defendant and the same cannot be compensated through any monetary relief.

14. That it is requested before the Hon’ble Court the present application must be allowed in favour of the defendant and the plaintiff is directed not to create any hindrance in the installation of the CCTV Camera.

PRAYER

It is therefore, most respectfully and humbly prayed before the Hon’ble Court by the defendant that this Court may be pleased to order:-

        1.  By considering the above mentioned facts, this Hon’ble Court may allow the defendant to install the CCTV Cameras in the common area i.e Inside kitchen, outside kitchen area, drawing room, balcony of xxxx,xxxxx,xxxxxxx in the interest of justice.

        2.  This Hon’ble Court may direct the plaintiff not to create any hindrance in the installation of the CCTV Camera in the common area i.e Inside kitchen, outside kitchen area, drawing room, xxxx,xxxxxxxx,xxxxxxxxx in the interest of justice.

        3.  Pass such other suitable orders as may deem fit and proper to meet the ends of justice in favor of defendant and against the plaintiff.

                                                                                                                                                                                            DEFENDANT

                                                                                                            Through

 Date:

 New Delhi

                                                                                                                                      XXXXXXXXXX

                                                                                             ADVOCATE

Address: XXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXXXXXXXX.

Mob. No.- XXXXXXXXXX

Email: XXXXXXXX@XXXXX.XXX

IN THE COURT OF SH. XXXXXXX CIVIL JUDGE (WEST), TIS HAZARI COURT, DELHI

SUIT NO. XX OF XXXX

                                          IN THE MATTER OF:

                                         XXXXXXXXXX                                          .…PLAINTIFF

VERSUS

                                         XXXXXXXXXX                                          ….. DEFENDANT

AFFIDAVIT

I, XXXXXXXXX W/o of XXXXXXXXX, R/o Property No. XXX XXXX,XXXXXX, the deponent, do hereby solemnly affirm and declare as under:-

1. That the deponent is the defendant in the above mentioned case, filing the present application and well conversant with the facts and circumstances of the present case hence, competent to sign this affidavit.

2. That the content of the accompanying application is drafted by my counsel and all the legal averments are true and correct to my belief which is based on legal advice rendered and believed to be correct.

3. That I have gone through and understood the contents of the same, I say that the facts stated therein are true and correct to my knowledge.                                          

DEPONENT

VERIFICATION

Verified at New Delhi on this XX day XX of XXXX,  that the content of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.

DEPONENT